Broomfield City Council OKs temporary ban on marijuana businesses

First reading passes 5-3; public hearing set for Feb. 26

Broomfield City Council on Tuesday passed the first reading of an ordinance that would temporarily ban marijuana-related businesses through 2015, then allow residents to vote on the issue.

Council at its meeting voted 5-3 in favor of temporarily banning marijuana businesses. The ban includes a sunset clause, so the ban only lasts through January 2015. That clause would allow voters to decide whether to permanently keep the ban or allow the marijuana industry to move into the city.

Council still must approve the ban on final reading after a public hearing on Feb. 26. Mike Shelton, Sam Taylor and Bob Gaiser voted against the ban on first reading. Martha Derda and Kevin Jacobs were absent.

The temporary ban is meant to put the decision in the hands of voters, but also gives Broomfield time to see how the state and other cities work out their own regulations on the matter.

Broomfield is just one of many Colorado cities sorting out their views on legal pot since voters in November approved Amendment 64, which makes marijuana legal for people older than 21. Amendment 64 requires local governments to adopt a licensing method for marijuana businesses or ban the businesses outright. Cities cannot ban individual use and possession of marijuana, and any bans could only apply to marijuana businesses, according to the amendment.

Because of Amendment 64's language, a ban by popular vote could only take place during a general election on an even-numbered year. That means 2014 is the earliest Broomfield residents can vote on the issue.

Council members said a temporary ban is the best way to give Broomfield and the state enough time to make heads or tails of the laws and regulations yet to come. There’s no sense in outlining regulations when the future of pot in Colorado is still so uncertain, they agreed.

The ordinance that will go before council for final approval in February would ban marijuana cultivation facilities, testing facilities, product and manufacturing facilities and retail outlets. Residents will likely have a chance to vote on making the ban permanent during the 2014 election, and the temporary ban will either sunset Jan. 31, 2015, or be upheld by voters.

One resident, Adam McNeil, spoke against the ban.

“I don’t think (a ban) is a valuable use of city’s time and effort,” he said during public comment Tuesday, adding that Broomfield is missing out on sales tax revenues by banning the businesses.

McNeil also pointed to Broomfield’s voting record, saying residents clearly want pot to be legal. In the November election, 53.14 percent of Broomfield voters were in favor of Amendment 64.

Yet it is hard to predict how residents feel about allowing marijuana businesses, such as retail operations or manufacturing and testing facilities, to set up shop in town. In 2000, 53.7 percent of voters approved the use of medical marijuana, but in 2010, 58.54 percent of residents voted to ban medical marijuana dispensaries, on-premises cultivation operations and marijuana-infused product manufacturing centers.

If the matter ends up going to a vote in 2014 and a ban is upheld, Broomfield residents could still purchase marijuana and related products in cities that allow pot businesses, according to Broomfield City Attorney Bill Tuthill. He believes Denver likely will allow the businesses, because voters were clear about wanting better access to marijuana.

McNeil, however, said that isn’t a good reason to ban marijuana businesses in Broomfield. Legal businesses would contribute to safe and legal sales instead of a street-type sale, he said.

“People here are not going to go to Denver to get it,” he said. “Prohibition doesn’t work. It’s going to go underground.”

The majority of council members were in agreement about the idea of a temporary ban, but some hoped to amend the proposal to spare marijuana testing facilities from the ban. Taylor could not get a majority of council members to vote for the amendment.

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